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"TONY" 



A Dramatic Comedy in Three Acts 

By 
BERTHA G. PRENTICE 



Copyright, April, 1922, C^a^ , ' C ' / 4" 2- ^' 

by 
The Fulton-Prentice Play Bureau 



The professional and amateur stage rights on this play are strictly 
reserved by Th§ Fulton-Prentice Play Bureau, being fully protected under 
the copyright laws, and it is subject to royalty. 

Any one producing the play without the consent of the owners or their 
representatives will be liable to the penalties by the law provided. 



DRAMATIS PERSONAE 

ANTONIO LOMBARDI (Tony) (Defendant in this case) 

Rosa ( Sweetheart of "Tony" ) 

Judge of the District Court 

Bailiff 

Clerk of the Court 

Stenographer 

Officer 

District Attorney 

Attorney for Defendant 

Mrs. Steele ( Owner of stolen autamobile) 

Jurors: 

Mrs. Rankin, Mrs. Little, Miss Violet Poindexter, Mrs. Green, Mrs. 
Reginald Van Remer, Mrs. Michael O'Flannigan, and Mrs. Fred Jones 
(excused). 

Time: The Present. 

ACT I — Court Room. 

ACT II — Scene 1, Jury Room. Scene 2, Court Room. 

ACT III — Mr3. Rankin's Home. 



Applications for permission to produce this play should be made to: 

THE FULTON-PRENTICE PLAY BUREAU 
1620 Steele Street, Denver, Colorado 



"TONY" 

A Dramatic Comedy in Three Acts 

by 
BERTHA G. PRENTICE 

ACT I. 

SCEXE 

Court Room, set for trial. Witness-stand, etc. 

Prospective jurors seated in court room outside of the jury box. icaii- 
ing to he called. 

Bailiff, Cleric of the Court and Court Stenographer at their respective 
places. 

Attorneys at their tables. ^ 

Curtain rises on this scene. 

JUDGE enters, and as Judge appears in doorwaj% 

(All rise) 
Bailiff (Using large gavel): 

"Hear ye, hear ye, hear ye, the Honorable District Court sitting in 
and for the County of Kings, is now open pursuant to adjournment." 

(All are seated.) 
Judge : 

"Ladies, you have been called by the due process of law to assist the 
Court as jurors in the trial of cases for this term. 

"This is a high and sacred obligation. You have heard much of the 
duties of American Citizenship during the past few years, and jury serv- 
ice affords you an excellent opportunity to put into practice the teachings 
along that line. It is not a trivial duty you have to perform, but one of 
the most solemn. You may be called upon to decide between life and death, 
between liberty and imprisonment. A wrong decision may free a criminal 
■or condemn an innocent man. You are the sole judges of the facts, and 
while the court has the power of fixing the punishment under the statute, 
you have the sole power of finding the guilt or innocence of the defendant, 
so that you, ladies of the jury, act as a partner of the court in the admin- 
istration of justice. I trust that none of you will seek to avoid your duty 
in this matter by offering trivial excuses as to why you should not serve 
as jurors. If there are any who feel they must be excused, will you please 
be seated in the jury box and state your reasons to the court." (Business 
of jurors taking places.) 

(Mrs. Jones. Mrs. Little. Miss Violet Marie Poindexter, Mrs. Reginald 
Va7i Remer and Mrs. Michael O'Filannigan.) 
Judge : 

"Will the first juror stand? Your name please?" 

Juror : 

"Mrs. Jones." 
Judge : 

"Will you please state the reason why you wish to be excused?" 

Mrs. Jones: 

"Your Honor, there is sickness in my home. I cannot afford a nurse, 
and even if I could, I would be thinking of my sick children and not of 
my duties as a juror." 
Judge : 

"A very good and sufficient reason. The Court will not detain you 
longer — you are excused." (Exit Mrs. Jones.) 
Judge : 

"The next juror please stand — your name?" 
Juror : 

"Mrs. Little." 
Judge : 

"Why do you wish to be excused?" 
Mrs. Little: 

"Oh, just because." 

2 C)CI.D 62900 



NOV 23 '2? 

fV5 



3^^ Judge: 

"The Court does not recognize 'because' as an excuse." 



P$'2'^, 



Mrs. Little: 

"Wlell, then, just because I don't want to." 

Judge : 

"You are not excused." 

Mrs. Little: 

"But, your Honor, when that woman told us that women must serve 
on the jury to save the Nation, she didn't say we would have to serve 
whether we wanted to or not." 

Judge: 

"Do not argue with the Court." 

Judge : 

"Next juror — name please?" 
Mis'-s Poindexter (Vmj smiling aiid affable): 

"Miss Violet Marie Poindexter. Oh, Judge, I am perfectly willing to 
be your partner and to help you in every way I can until tomorrow after- 
noon at three o'clock — tlien I must go to a tea at Mrs. De Vanderbelt's. 
I have the most beautiful gown to wear and the loveliest and most becom- 
ing hat." 
-ludge: 

"Miss Poindexter, the law does not provide that ravishing gowns, pink 
teas or lovely hats excuse one from jury service. Please be seated." 
Miss Poinde.xter: 

(Miss- Poindexter takes seat an(J\ speaks to Mrs. Little.) 

"Isn't the Judge an old bear? The idea, when I offered to help him 
and was willing to — " 

Bailifif (Pounding loiili gavel): 

"Silence in the Court Room." 
Miss Poindexter: 

"Another old bear heard from." 

Bailiff: 

"All ta^King must stop in the Court Room." 
Miss Poindexter: 

"Well, I didn't want to talk anymore anyway." 
Court: 

"Next Juror — Your name, please?" 
Juror (Yery dignified and rather disdainful.) 

"Your Honor, I am Mrs. Van Remer, and it would be impossible for 
me to sit on the jury. I belong to the sacred four hundred and thirty- 
six and to come in such close contact with those not in my set would 
be very annoying. Can you not see, Judge, how utterly out of the 
question it would be?" 
.Judge : 

"Mrs. Van Remer, the sacred four hundred and thirty-six are not 
exempt from jury service. You have but one avenue of escape. If you 
are over sixty years of age you may be excused." 

(Mrs. Van Remer haughtily takes her s.ot.) 

Mrs. O'Flannigiiii (jumps up) 

"Oh, I don't want to be excused now, Judge, I am just dying to sit 
on this jury. I have always wanted a chance to mix with the sacred 
four hundred and thirty-six." 
Bailiff (Using gavel): 

"Silence in the Court Room." 
Mrs. O'Flannigan: 

"Your Honor, I wish you would make the gentleman stop pound- 
ing with that mallet. I'm trying to spake to your Honor." 

Judge: 

"That is the Bailiff who keeps order in the Court Room. Jurors 
may take their seats in the Court Room until called. The Clerk will 
please call the docket." 

Clerk: 

"The People versus Peter Smith." 
Di.st. Atty.: 

"The people desire that this case be continued." 



Judge : 

The case may be continued." 

Clerk: 

"The People versus Antonio Lombardi." 

Dist. Atty.: 

"In this case, your honor, we are ready for trial, but due to the 
filing and argument of a motion to quash, the defendant will have to 
be re-arraigned." 

(Antonio Lom'barcli, accompanied by Ms attorney, stands.) 
Clerk (reads): 

"Antonio Lombardi, listen to the reading of the information against 
you. You, Antonio Lombardi, stand here, charged in the information, 
that on or about to-wit: the 25th day of February A. D. 19 22, Antonio 
Lombardi then and there being in the County of Kings, did feloniously 
steal, take and carry away one automobile of the value of $2,500.00, 
the property of Mrs. Charles Steele, contrary to the form of the statutes 
in such case made and provided, and against the peace and dignity of 
the people of the State of New York." 

"What say you to the charge, Antonio Lombardi, guilty or not 
guilty?" 
Antonio L»ombaaMli: 

"No spaka de United States." 

Atty. f oi- Deft. : 

"Your Honor I ask that an interpreter be appointed for Defendant. 
He is not familiar with the English language." 

Judge : 

"Just a moment — Antonio Lombardi — did you do this, did you 
steal the automobile?" 
Antonio : 

"No, no, walka alonga de road." 

Judge : 

"I think he understands. The clerk will enter a plea of not guilty. 
Are you ready to proceed with the case?" 

Dist. Atty: 

"The State is ready." 
Defendant's Atty.: 

"The Defendant is ready. Deft, waives and accepts a jury of six. 

Judge : 

"The clerk will please call the jury and each juror, when called, 
will come forward, hand her wraps to the Bailiff, and take her place in 
the jury box." 

(Clerk calls jurors by name. They come to jury box and hand wraps 
to Bailiff and are seated in the jury box.) 
Clerk: 

"Mrs. Rankin." 
jMts. Rankin: 

"Here." 
Clerk: 

"Mrs. Little." 

Mrs. Little: 

"Here." 
Clerk: 

"Mrs. Chas. Green!" 
Mrs. Green: 

"Here." 
Clerk: 

"Miss Violet Marie Poindexter!" 
Miss Poindexter: 

"Here I am Judge." 

(Comes forward, gives wrap and fur to Bailiff.) 
Miss Poindexter (Addressing Bailiff): 

"Are you sure this fur will be safe with you?" 
Bailiff (Looks daggers): 

"Perfectly safe, Miss." 
Clerk: 

"Mrs. Reginald Van Remer!" 



Mrs. Van Reiner: 

"Present." 
Mrs. Van Renier to Bailiff: 

"Here, my good man, is a dollar; please see that my wraps are put 
in a separate place." 
Bailiflf: 

"Madam! I am a Bailiff, not a porter!" 
Clerk: 

"Mrs. Michael O'Flannigan." 
Mi's. Plannigan: 

"Coming." 

To Bailiff: "Be careful of this umbreller — my Mike's mother gave 
it to me for a wedding present and I am keeping it for an airloom." 
Judge : 

"The jurors will please refrain from talking to the Bailiff. He is 
an officer of this court and must be recognized as such." 
Mrs. O'Flannigan (Rising): 

"Plazed to meet you, Mr. Bailiff." 
Judge : 

"The jury will be sworn to answer questions as to their qualifica- 
tions to sit as jurors." 
Oerk: 

"Please stand and raise right hand." 

(Clerk looks at Jury, Mrs. O'Flannigan has left hand up looking at 
all the other jurors.) 

"The right hand please." 

(Airs. O'Flannigan continues to smile at all the rest, but finally realizes 
the clerk is refering to her, sees the joke and puts up right hand.) 

Clerk: 

You and each of you do solemnly swear by the ever living God to 
true answers make to all questions propounded to you by Court or 
counsel touching your qualifications to sit as jurors in cause numbered 
69725 entitled The People vs. Antonio Lombardi?" 
All (Right hands up) : 

"I do." 
Judge : 

Proceed with case." 

(Dist. Atty. states nature of case and proceeds with examination of 
Jury.) 

Dist. Atty.: 

"Ladies of the jury, you have heard the information read, Antonio 
Lombardi, the defendant, was found by the officer in possession of a 
car valued at $3,500.00 — admits it is not his car; admits he has no 
money and yet has car in his possession; does not know name of owner. 
Now, ladies, I take it that none of you, if the evidence and facts in the 
cause prove to you beyond a reasonable doubt that the defendant was 
guilty of stealing the car, would hesitate to find defendant guilty — 
and a reasonable doubt would mean a real serious doubt. You believe 
in the enforcement of the law and will follow the court's instructions?" 

(All nod. yes.) 
Dist. Atty. (To Mrs. Rankin): 

"Mrs. Rankin — do you know defendant's counsel. Miss Clarkson?" 

Mrs. Ranliin: 

"I have met her." 

Dist. Atty.: 

"In a business way?" 

Mrs. Rankin: 

"Just merely been introduced to her." 

Dist. Atty.: 

"Have you ever seen the Defendant before?" 

]Mi"s. Rankin: 

"No." 
Dist. Atty.: 

"Are you married?" 
Mrs. Rankin: 

"Yes." 
Dist. Atty.: 

"Family?" 



Mrs. Rankin: 

"Yes." 

Dist. Atty.: 

"Do you know of anything that would disqualify you for jury serv- 
ice in this case?" 
Mrs. Rankin: 

"No, sir." 
Dist. Atty. (To Mrs. Little): 

"Do you know defendant's counsel?" 

Mrs. Little: 

"No, sir." 
Dist. Atty.: 

"Are you married?" 
Mrs. Ijittle: 

"Yes." 
Dist. Atty.: 

"Family?" 
Mrs. Little: 

"No." 
Dist. Atty.: 

"There is nothing to prejudice you in this case?" 

Mrs. Little: 

"Noi, sir." 

Dist. Atty. (To Mrs. Green): 

"Mrs. Green, do you know defendant's counsel or have you ever seen 
the defendant before?" 
Mrs. Green: 

"No." 

Dist. Atty.: 

"Your answers to the questions propounded before would be the same, 
as those given." 
Mrs. Green: 

"Yes, sir." 
Dist. Atty. (To Miss Poinclexter): 

"Do you know opposing counsel?" 
Juror : 

"No, sir." 

Dist. Atty.: 

"Have you ever seen the defendant?" - . • 

Juror: 

"No, sir." 

Dist. Atty.: 

"Are you married?" 
Juror: 

"No, not yet." 

(Looks at Mm very sweetly.) 
Dist. Atty.: 

"I beg your pardon. Miss. . . . Miss " 

(Miss Poinclexter says): "Miss Violet Maxie Poindexter." 

"It is hard to believe that such a handsome women is not married." 

(Miss Poindexter is pleased and shows it: flirtiiig with the Dist. Atty.) 
Bailiff: 

"No flirting in the court room." 
Dist. Atty.: 

"Your Honor, I object to the interference of the Bailiff." 

Judge : 

"The Bailiff is out of order, but we must admit the temptation was 
great." 

Dist. Atty. (To Mrs. Van Renter): 

"Mrs. Van Remer, do you know defendant's counsel?" 

Mrs. Van Remer: 

"No, sir." 

Dist. Atty.: 

"Did you ever see defendant before?" 



Mrs. Van Reniei*: 

"No." 
Dist. Atty,: 

"Are you married?" 

Mi"8. Van Renier: 

"Yes." 

Dist. Atty.: 

"Family?" 

Mi's. Van Remer: 

"Yes." 
Dist. Atty. (To Mrs. Flannigan): 

"Mrs. O'Flannigan, do you know the lawyer on the other side of the 
case?" 
]\tris. O'Flannigan: 

"No, we do our own fighting and let the best one win." 
Dist. Atty.: 

"Have you ever seen the defendant?" 
All's. O'Flannigan: 

"No, sir." 
Dist. Atty.: 

"Are you married?" 
airs. O'Flannigan: 

"These 20 years, sir." 
Dist. Atty.: 

"Family?" 
airs. O'Flaiuiigan: 

"Four of the finest lads and three of the prettiest girls you ever saw. 
We are going to make a banker out of the oldest boy, and the second boy 
is so chuck full of gab, we are going to make him a lawyer, just like you, 
sir." 

Judge : 

"Mrs. O'Flannigan, please confine your answers to the questions 
asked." 
Dist. Atty.: 

"You know of nothing to disqualify you from being fair in this case." 
airs. O'Flannigan: 

"Nothing in the world, sir." 
Defendant's Atty. : 

"Ladies of the jury, you understand, of course, that under the law 
everyone is innocent until proven guilty, and that it is the business of the 
State to prove to you beyond a reasonable doubt, that the defendant is 
guilty, and in case this is not done, you would bring in a verdict of not 
guilty?" 

(Jurors all nod.) 
Deft's Atty. (To Mrs. Rankin): 

"Mrs. Rankin, are you acquainted with the Dist. Atty.?" 
Mrs. Rankin: 

"No." 
Deft's Atty.: 

"Have you ever had a car stolen?" 
Mi'S. Rankin: 

"No." 

Deft's Atty.: 

"Would the fact that Defendant is a foreigner have any effect on your 
decision?" 

Mrs. Rankin: 

"It would not, sir." 
Deft's Atty. (To Mrs. Little): 

"Mrs. Little, do you know the Dist. Atty.?" 
Mrs. Little: 

' ISO." 

Deft's Atty.: 

"You have heard the question propounded to Juror No. 1 ? Yoar an- 
swers would be the same if asked you?' 
Mrs. Little: 

"Yes." 

7 



Deft's Atty. (To Mrs. Green): 

"Mrs. Green, if you were asked the same questions, your answers would 
be the same?" 
Mrs. Green: 

"Yes." 
Deft's Atty. (To Miss Poindexter): 

"Miss Poindexter, do you know the Dist. Atty.?" 

Miss Poindexter: 

"No, but I'd like to." 

Deft's Atty.: 

"Would this affect your decision?" 

Miss Poindexter: 

"No." 

Deft's Atty.: 

"Have you ever had a car .stolen?" 

Miss Poindexter: 

"No, sir." 

Deft's Atty.: 

"Do you know any reason why you could not give a fair decision?" 

Miss Poindexter: 

"No." 
Deft's Atty. (To Mrs. Van Remer): 

"Mrs. Van Remer, do you know the Dist. Atty.?" 

Mrs. Van Remer: 

"I have met him." 

Deft's Atty.: 

"In a legal way?" 
Mrs. Van Remer: 

"No, socially." 

Deft's Atty.: 

"Would that acquaintance affect your decision?" 

Mrs. Van Remer: 

"Certainly not." 

Deft's Atty.: 

"You have heard the questions asked other jurors; if asked you, your 
answers would be the same?" 

Mrs. Van Remer: 

"Yes." 
Deft's Atty. (To Mrs. O'Flannigan): 

"You know of nothing to prevent your being fair in this case?" 

Mrs. O'Flannigan: 

"No, sir." 

Clerk (To Jury): 

"You, and each of you, do solemnly swear to try the issues joined be- 
tween the People of the State of New York and the digfendant Antonio 
Lombardi in case No. 69725, and a true verdict render, so help you God." 

(Jury sworn.) 

Dist. Atty.: 

"May it please the Court and ladies of the jury: The State will prove 
to you that on or about, to-wit: Feb. 25, 1922, Antonio Lombardi had 
in his possession this car valued at $3,500.00; that the car was the prop- 
erty of Mrs. Steele; that it was taken from the street of the city of New 
York; that it was driven out on the State road some- ten or twelve miles 
out of the city onto a by-road; that during a large portion of the time 
the machine was followed by an officer of the Police Dept. on a motor- 
cycle and was only lost sight of for a period of five or ten minutes before 
it was found by this officer in the possession of this defendant 

'"We will show to you jurors that no one was seen in possession of 
the car from the time it was removed until it was finally overtaken, except 
the defendant. We will show that defendant at the time the officer came 
up to the machine was seated in the front seat of the car, and will prove 
to you that defendant, Antonio Lombardi, stole the car." 
Defendant's Atty.: 

"Your Honor and Ladies of the Jury: 

"Defense will prove that the defendant is a poor, uneducated Italian 
boy, and is not familiar with the language and customs of this country. 



He had no money and was walking to a small town seeking employment. 
A man driving the car referred to overtook and asked the boy to get into 
the car and ride. The boy got into the car, was found by the officer, and 
taken to jail, but he did not steal the car." 
Dist. Atty.: 

"Officer Cook will please be sworn." 

(Officer Cook stands.) 
Clerk (To Officer): 

"You do solemnly swear that you will true answers make to such ques- 
tions as may be propounded to you by court or counsel, and that you will 
tell the truth, the whole truth and nothing but the truth, so help you God." 

(Officer takes loitness chair.) 
Dist. Atty.: 

"What is your name and your official position?" 
Officer: 

"My name is John Cook and I am a Deputy Sheriff of Kings County." 
Dist. Atty.: 

"Did you ever see the defendant before?" 
Off icei' : 

"Yes, sir." 

Dist. Atty.: 

"State when, and where, and the circumstances surrounding it." 

Officer : 

"I first saw the defendant on Feb. 25, 1922, on a by-road about twelve 
or fifteen miles north of the city; he was in the front seat of the car." 
Dist. Atty.: 

"State, if you know, whose car this was and describe it." 

Officer: 

"It was a Cadillac touring car, 1921 tmodel, with engine No. 263,371, 
and the car, I afterward learned by examining the record, was the prop- 
erty of Mrs. Chas. Steele." 

Deft's Atty.: 

"Your Honor, we object, the best evidence is the record." 

Judge: 

"Objection sustained." 

Dist. Atty.: 

"When you returned the car to the city, to whom did you delivsr it?" 

Officer : 

"To Mrs. Chas. Steele, at her home." 

Dist. Atty.: 

"Was anything said by the defendant as to how he came into posses- 
sion of the car?" 

Officer : 

"He stated that he had been asked to ride in the car, but no one was 
in the car with him." 

Dist. Atty.: 

"That is all." 

Judge : 

"Does defendant desire to cross examine?" 

Deft's Atty.: 

"Yes, your Honor." 

"Officer Cook, you stated that defendant said the man asked him to 
ride in the car; where did the defendant say the man was?" 

Officer : 

"He said the man jumped out of the car and ran away." 

Deft's Atty.: 

"Did you look for any evidence that the man had been there?" 

Off ieer : 

"No, sir." 
Deft's Atty.: 

"Was the car out of your sight at any time while pursuing it?" 
Officer: 

"Yes, for about five or ten minutes, at a bend in the road about 3 miles 
out of the city." 
Deft's Atty.: 

"How fast was the car being driven?" 

9 



Officer : 

"Less than thirty miles an hour. When the car was first seen, at fifty- 
five miles — just before it stopped." 
Deft's Atty,: 

"Was it out of your sight at the time it stopped?" 
Officei' : 

"Yes, for a very short time." 
Deft's Atty.: 

'How much gas was in the car?" 
Oflficei- : 

"Not very much." 
Deft's Atty.: 

"Was the defendant at the wheel?" 
Officer : 

"Ha was in the front seat next to the driver's seat with one hand on 
the wheel." 
Deft's Atty.: 

'"Who drove the car in?" 
Officer : 

"I did — defendant said he could not drive." 
Deft's Atty.: 

"That is all, your Honor." 
Dist. Atty.: 

"No re-direct examination." 
Judge : 

"The witness may be excused." 
Dist. Atty.: 

"Call Mrs. Chas. Steel." 

(Mrs. Steel sworn in by the Clerk — same oath as above.) 

'"What is your name and where do you reside?" 
Mrs. Steel: 

"Mrs. Chas. Steel, and my home is at 850 22nd Ave., City." 
Dist. Atty.: 

"On the 25th day of February, what, if any, car did you own?" 
Mrs. Steel: 

"A Cadillac touring car, engine No. 263,371." 
Dist. Atty.: 

"Where did you last see your ear on that day?" 
Mrs. Steel: 

"In front of the Singer Bldg." 
Dist. Atty.: 

"Where did you next see your car?" 
Mrs. Steel: 

"It was returned to me by Officer Cook at my home." 
Dist. Atty.: 

"Did you make a complaint of the loss of this car to the Police Dept.?" 
Mrs. Steel: 

"I did." 
Dist. Atty.: 

"That is all." 
Deft's Atty.: 

"No examination." 
Judge : 

"The witness is excused." 
Dist. Atty.: 

"We rest." 
Deft's Atty.: 

"Antonio Lombardi, you may be sworn." 
Clerk: 

"Raise your right hand." (Same oath as above.) 
Deft's Atty.: 

"State to the court what happened on the day you were arrested." 
Antonio Lombardi : 

"Walka alonga de road." 
Dist. Atty.: 

"Just a minute. Wo object, your Honor. Have the defendant answer 
t^e questions according to the usual 'method pursued." 
Judge: 

"Objection overruled. Let the boy tell his stoiry-" 
Antonio : 

"Oh, Judge, me walka alonga de road; go to lettle town to getta de 
work to maka de mon; no mon to rida; walka along de road." 

10 



"Man in beeg automobeela cum long say get in — get in de automo- 
beela, — getta in — ^man go fast — 'more faster — he looka back — go lika de 
deevil — ^tum go down a lettle road, stoppa de automobeela — man say, getta 
out here — you staya in automobeela — man runna away fast — and den the 
cop, over there (points to Policeman), he cum up on motorcycle say, where 
getta the automobeela — say to him, man cum long say to me getta in the 
automobeela, man jump out and leava me in the automobeela — de cop he 
laugh and say, you steela deesa car — say no steela nothin — de cop say, 
what you lia for? Say no liar — tella de truth — de cop say, cum with me — 
you steela deesa car — you tella the chief — you cum to de jaila. Judge, no 
steala nothing, my father dead, my mudder seeka isick) no thinka she live 
long — senda de mon — paya de doc — buya de grub' — maybe buy one leetle 
flower, maybe so, yes. When leetle boy in Italy, my mudder tella say my 
prayer and never steela — no steela the automobeela — no steela nothin." 
Dist. Atty.: 

"Antonio Lombardi, where is your home?" 
Antonio: 

' Italv." 
Dist. Atty.: 

"Where cio you live?" 
Antonio: 

"(^0 finda de work." 
Dist. Atty.: 

"Now, Antonio, you were trying to steal this car to get money, were 
you not?' 
Antonio: 

"You lia — no steela de automobeela. Steela nothin — tella de truth." 
Dist. Atty.: 

"That's all." 
Judse: 

"The Attorneys will please confer with the Court for a few minutes." 

(The Attorneys come to the Judge's desk.) 

(Mrs. O'Flannigan takes a small pair of boy's pants out of her large 
bag, and looks them over, getting ready to put on a patch or button.) 
Bailiff (Goes over to Mrs. O'Flannigan): 

"This is not a sewing circle, put them away — pay attention to the 
Court." (Takes paper shopping bag. which rattles, away from her.) 

(Bailiff icraps for order and Judge reads the instructions.) 
Ladies of the .Jury, You are instructed: 

1st. The defendant, Antonio Lombardi, is charged in the wording of 
the statute with the crime of Grand Larceny. 

"The statute reads as follows: 

" 'Any psrson found guilty of wilfully and feloniously taking and 

carrying away the personal property of another with the intent to 

steal the same shall be deemed guilty of larceny: when the value of 

the property so stolen is of the value of twenty dollars or over he 

may be punished by imprisonment in the State Penitentiary for a 

term of not less than one year and for not more than ten years: if 

the value of the property so stolen be less than twenty dollars he may 

be imprisoned in the county jail for a term of not less than ten days 

and for not more than ninety days, or be punished by a fine of not 

more than three hundred dollars, or by both imprisonmsnt and fine." 

"2nd. You are instructed that before you can find the defendant 
guilty, you must be satisfied beyond all reasonable doubt that ha took 
the property in question from the person having the right to the posses- 
sion of the same without his or her consent: that he took it with the in- 
tent to permanently deprive her of its possession and to convert the same 
to his own use. 

"3rd. You are instructed that the defendant is presumed to be inno- 
cent until his guilt is proven to your satisfaction beyond all reasonable 
doubt. 

"4th. A reasonable doubt is not a mere shadow of a doubt, but such a 
doubt as would arise in the more serious affairs of life and would cause 
a person of average intelligence to pause and hesitate. 

"5th. You are instructed that you have nothing to do with the punish- 
ment and should not consider the same as affecting your verdict. 

"6th. No one of these instructions states all the law in the case, but 
they should be taken together and so considered as the law in this case. 

"You are given two for'ms of verdict — one of which you will have your 
for'^man sign and return tT) the court when you have agreed upon your 
verdict." 

11 



©ist. Atty. (To the Jury) : 

"May if please the Court and Ladies of the Jury: 

"Ladles, you have heard the evidence presented in this case and all of 
it proving that the defendant is guilty of the charge against him. No trace 
lof the man who, according to the defendant's story, was driving the car, 
has been found. The defendant admits he was out of money. The de- 
fendant was caught with the goods in his possession. And with the nimble 
brain of those who are accustomed to evading the law he told this story. 

"Ladies, you swore to enforce the law and to abide by the instructions 
of the Court; to base your decision upon the facts in evidence in the case. 
Allow me to tell you there is no older game played by those accused of 
crime than that of innocence and the sob story of a Mother and a Mother's 
prayer, knowing that this often affects the jury. But with a jury of such 
intelligence and understanding we feel it would have little weight. I am 
convinced in my own mind that the defendant is guilty and I believe that 
all of you are convinced beyond a reasonable doubt of defendant's guilt. 
And I will not tax your time or patience in a case where guilt is so ap- 
parent." 

Defendant's Atty.: 

"Your Honor and Ladies of the Jury: 

"One morning, in Sunny Italy, a Mother struggling bravely to keep 
•back the tears, kissed her boy goodbye. The mother was old and poor and 
alone; all that she and the boy could scrape together had gone to pay 
(the steerage passage of the boy. The boy, Antonio, who was going to the 
glorious land of America, the land of freedota and justice! Again, she 
held him in her arms, and the boy, choking back his heartache, pictured 
to his mother how he would soon send for her and they would be together, 
Ihappy in the great and good country to which he was going. The boy 
landed among strangers, missing in some way the only one he knew in 
America. Willingly and faithfully he worked, gladly sending money to 
the little mother in Italy. On Feb. 25th, 1922, Antonio Lombardi was 
again looking for work as thousands of others are. A man overtook him, 
asked him to ride; he is found by the officer, in possession of the car 
and arrested. 

"Alone, bewildered, not understanding, he is taken to jail. Tells his 
story, and is laughed and scoffed at. And yet not even the cunning and 
brilliancy of our Great District Attorney could break down his testimony. 
The officer admitted that he had lost sight of the car for a period of 5 or 
10 minutes, ample time for Antonio Lombardi to take his seat besire the 
driver. Officer admitted that when the car was driven into the by-road he 
lost sight of the car for a few minutes, long enough for a man to get out of 
sight. Admitted that he had not looked for any trace or evidence that 
the man had left the car; admitted he had to drive the car in. Ladies, 
on Feb. 25, 1922, Mrs. Steele left her Cadillac car in front of the Singer 
Building; a man got into the car and drove away; outside of the city 
he looked and saw a policeman on a motorcycle in pursuit; the gas was 
low and racking his brain for a way to escape, he sees this Italian boy 
trudging down the road — the very thing; asked the boy to ride and throw 
(the crime on him. His cunning worked, and today Antonio Lombardi 
stands charged with the crime, and he is innocent. 

"Over in Italy an old mother at eventide prays for her boy, seeing in 
her fancy, Antonio, in the great America, the land of promise and of all 
good things. 

"Who is this insignificant District Attorney who dares speak lightly 
of a mother's tears and prayers? Who is this man who for the sake of a 
line in a newspaper, or the hope of a few votesi at the coming election, 
dares to condemn an innocent boy to imprisonment? 

"Ladies of the Jury, the State has not proven beyond a reasonable 
doubt the guilt of Antonio Lombardi, but Antonio Lombardi, with eyes so 
Ifull of pleading, a face so full of trust and faith, has proven his own inno- 
cence. 

"Ladies of the Jury, the fate of Antonio Lombardi is in your hands." 
Dist. Atty.: 

"Ladiesi of the Jury: 

"I call your attention to the facts in evidence in this case. The oppos- 
ing counsel has been eloquent in her appeal, but the facts remain the same. 
You have sworn that you believe in the enforcement of the law and will 
follow the instructions of the Court. All the facts in evidence are against 
the defendant and point to guilt. The country is overrun with automobile 

12 



thieves and no car is safe, and I appeal to you ladies to help rid the coun- 
try of this lawlessness. Do not allow your emotion to overcome your 
judgment. You are sworn to base your decision on the facts. I leave 
the case in your hands, believing that justice will be done and that your 
verdict will be, guilty! as charged in the information." 

(j^ailiff sworn by clerk to take charge of jury.) 
Clerk: 

"iou do solemnly swear by the ever living God to take the jury to some 
convenient room, there to be kept without food or drink unless further 
orctred by the court. That you do not communicate with them except to 
ask if they have agreed upon the verdict, nor allow them to communicate 
with you, nor with any other person except to ask the court for explana- 
tion of or for further instructions in the law, until they have agreed upon 
a verdict, and then to bring them into this Court." 
Bailiff: 

'"Your Honor, the jury room is being repaired — all rooms are in use; 
it wiil be necessary to use the court room. ' 
Judge: 

"olear the court rooan." 

(Curtain falls.) 
Bailiff: 

"1 have been an officer of this court for twenty years and never have 
I been so insulted. 'Would her fur be safe with me?' and that would-be 
aristocrat, 'My good man here is a dollar,' just like I was a waiter or an 
eicvator boy; and Mrs. O'Flannigan's old green umbrellerl By the great 
koin spoon: deliver me from female juries." (Exit Bailiff.) 

ACT II. 
JURY ROOM SCENE. 
Miss Poinde.vter : 

"'vvasnt the Dist. Atty. grand and the fit of his coat was perfect. 
Which ever side of the case he was on is the one T vote for. I felt the 
truth ringing in every word he said. I am sure we all agree and I am so 
anxious to get away. Let's take a vote right now." 
Mrs. Rankin: 

"Weil, suppose we do take an informal ballot." 

(ballots passed and vote taken, resuliing in: Five for conviction and 
one for acquittal.) 
Miss Poindexter : 

"Well, some people are certainly stupid." 
Mi's. Rankin: 

' ii will be necessary to select a foreman." 
Mrs. O'Flannigan: 

■'A foreman! that reminds me when my Mike was foreman of the sec- 
tion gang before he made his pile. Oh, those were happy days, with the 
children all fumbling round under my feet...." 
Mrs. Van Reiner: 

"1 can't see what your Mike has to do with the jury." 
Mrs. O'Plannigan: 

"Oh, everybody likes my Mike and when you spoke of a foreman I 
couldnt help thinking of him." 
Mrs. Van Renier: 

"I would suggest Mrs. Rankin for a foreman — are you all agreed?" 
All: 

"Yes." ' 
Mi'S. Ranlcin: 

"Thank you. Ladies. I would suggest that we follow the instructions 
of the court and try to arrive at a verdict." 
3Ii*s. Little: 

"Well, I don't intend to pay the slightest attention to the Judge's in- 
structions — -the idea of telling nve I had to sit on the Jury whether I 
wanted to or not. I think the Judge is a perfect numbskull." 
Miss Poindexter: 

"Well, 1 didn't mind it so much after I saw the Dist. Atty. I vote for 
him." 
Mrs. Green: 

"Miss Poindexter seems a little bit mixed. The Dist. Atty. was not 
on trial. It was Antonio Lombardi." 
Mrs. Little (Two jurors talking to each other): 

"She was quite smitten with him wasn't she?" 
Mrs. Green: 

"les, she certainly was." 

13 



Miss Poindexter: 

"iWhat? I want to tell you I am already engaged and it is not my fault 
or the Dist. Atty's either, that the rest of you are not handsome." 
Mrs. Riiiikin: 

"Ladies, we mnst not get away from the subject." 
Mrs. Van Remer: 

"Well, the evidence was certainly against him. Where did he get 
the car if he; didn't steal it? He said he had no money and no friends. 
I am in favor of doing something to stop the theft of cars." 
Mrs. Green: 

"And yet the boy seemed to be telling the truth and no witness was 
called to contradict him. I believe he is innocent." 
Mrs. O'F^annigan (Looking at clock) : 

"Half past eleven! For fifteen years I have always had a cheese 
sandwich at half past eleven." (Takes large sandwicTi out of pocket), speak- 
ing to Mrs. Van Remer: "You look a little pale, won't you have some?" 
Mrs. Van Remer (Haughtily) : 

"No, I thank you." 
Mrs. Little: 

"You know defendant is a foreigner and I wouldn't be surprised if he 
is guilty." 
Mrs. Van Remer: 

"Neither would I." 
Rlrs. Rankin: 

"I am surprised. You were asked if the fact that he was a foreigner 
would have any weight." 
Mrs. Green: 

"He is a boy and has a soul and a right to a fair trial regardless of his 
nationality." 
Mrs. Rankin: 

"Suppose it had been one of our own boys." 
Mrs. Van Remer: 

"How absurd! How utterly impossible!" 
Mrs. Ranldn: 

"And yet such a thing is possible even with one of our own; to be 
in a foreign land, overtaken by misfortune, and in the words of Antonio 
Lombardi: 'No money, no friends.' I admit the circumstantial evidence 
is against him. I even admit that the fit of the Dist. Atty's coat is per- 
fect, but, ladies, give the boy a chance. His life is before him; do not 
blight it in his youth. I appeal to you to vote against this boy being 
thrown in with hardened criminals. To vote against a stigma being put on 
his name forever." 
Mrs. O'FIannigan (Overcome) : 

"Oh, just suppose it was my own darling boy. Patsy — no telling what 
that little imp is doing right now. Just give me another scrap of paper 
and I'll show you how soon I can change my vote." 
Mrs. Little: 

"Well, I don't intend to be carried away by emotion, just think what 
the papers will say: 'Women can't agree.' W^e will be made a laughing 
stock." 
Miss Poindexter: 

"The Dist. Atty. could not be wrong." 
Mrs. Van Reaner: 

"Think of the expense to the State of having another trial." 
Mis. Rankin: * 

"It is not a question of anything pertaining to ourselves — it is not a 
question of the State's money. Far better spend the money to save any 
innocent boy than to use it for the high up robbers, who, by the technicali- 
ties and influence of money cannot be brought to justice." 
Mrs. O'Flannigan : 

"Hurrah! That's a good one." 

Mi"s. Rankin: 

"Ladies, the one question is: Is Antonio Lombardi guilty or inno- 
cent?" 

(Mrs. O'Flannigan interrupting, bringing cloion fist on table) — 
"Innocent." 
Mrs. J\aiiikiii\ (Continues): 

"Do not condemn an innocent boy. The evidence is against him and 
yet( there is a very serious doubt as to his guilt. We send missionaries 
to help the foreigner; we talk of the Brotherhood of Man; we tell how 
goodness reigns and there is no wrong; how justice is tempered with 

14 



mercy. We listen to eloquent speeches on Americanization, setting forth 
the truth that only through fairness and kindness can we expect to make 
good American citizens, and we sit in our comfortable seats, smile and ap- 
plaud, giving out the impression that we really believe it. Do we mean 
it? Do we care? When we come to put this Americanization theory into 
practice, is it, after all, only a fad? Time will tell whether one of us 
'Americanizers' or Antonio Lombardi will be of the greater service and 
'.blessing to the world. 

"I am thankful for the sixth sense of woman — the sense of intuition. 
It is a God-given gift, and if made good use of, much sorrow and trouble 
may be avoided. I could not sleep if my vote should put one straw in the 
way of the liberty of Antonio Lombardi, because I know he is innocent. 
I appeal to you as women — to the mother-hearts within you — to give this 
boy a chance. He spoke the truth and his voice rang true. His very soul 
shone in his face as he, in his poor, broken English, told> his story. 

"Is it possible that we women, with all the glorious opportunities and 
blessings in this great land of America, have failed to catch the World 
Vision of Humanity? Are we guilty of not caring for the stranger within 
our gates? May Heaven have mercy on us if we condemn Antonio Lom- 
bardi, an innocent boy, to confinement within the prison walls." 

(Ballots are cast, resulting in four for acquittal, and two for convic- 
tion.) 

Mrs. Rankin: 

"I am sorry we cannot agree." (Looks at ballots and addresses Miss 
Poinderter and Mrs. Van Remerj: "Is there anything that will cause you 
to reconsider?" 

Mi's. Van Renicr: 

"No." 
Miss Poindexter : 

"The District Attorney could not be wrong." 
Mrs. O'FIannigan: 

"You two have a heart of stone, so you have." 

(Mrs. Rankin rings for Bailiff.) 
Mrs. Rankin (To Bailiff): 

' xne Jury is ready to report." (Curtain.) 

(Bailiff notifies Court. Attorneys, Clerk and Defendant enter Court 
Room, the Judge coming in last.) 

(All stand. Bailiff calls order, using gavel. All seated.) 
Judge : 

"Ladies of the Jury, have you agreed upon a verdict?" 
Mrs. Rankin (Foreman of the Jury): 

"Your Honor, we could not agree." 
Tlie Court: 

"Do you care for further instructions from the Court, or do you know 
of anything that might help you to arrive at an agreement?" 
Mrs. Rankin: 

"I fear it is impossible for us to agree upon a verdict." 
Judge: 

"The Jury is discharged." 
Antonio Lombardi: 

"No steala, musta go baka to de jail? No steala nothing." 

(Bailiff comes up to take him away.) 

(Mrs. Rankin and Mrs. O'FIannigan speak to him.) 
Mrs. Rankin: 

"My boy, I know you are innocent and everything will come out al- 
right." 
Mrs. O'FIannigan : 

"Sure, you're innocent, and you are going to get free and come right 
over to my house. Here is where I live (hands him card), and I'll be look- 
ing for you." 
Antonio Ix)nibardi : 

"Thanka you, thanka you." 
Mrs. O'FIannigan (To Judge): 

"Well, good-bye. Judge, come over and take supper sometime. ISly 
Mike says I can cook the best corn beef and cabbage he ever tasted." 
Judge : 

"Thank you, Mrs. O'FIannigan, thank you very much." 

(Curtain) 
15 



4 



LIBRARY OF CONGRESS 

llllllilllllllililill 

015 825 849 3 



ACT III. 



(Mrs. Rankin's Home. Mrs. Rankin seated in rocking chair near 
table.) 

(Enter Rosa — Italian maid in Mrs. Rankin's home.) 
Mi's. Hankin: 

"■'Well, Rosa, all ready for your lesson?" 
Rosa: 

"Oh, Meeses Rankin, I cannot think in de English tonight — my heart 
so heavy like — it hurts me — Rosa so sad." 
Mrs. Rankin: 

"Tell me Rosa what is the trouble?" 
Rosa: 

"In Italy I had a , what you call in de English, de sweetheart. 

He writes he is coming to de great America to make Rosa his to 

maks Rosa his bride, but I hear no more, and I am afraid, afraid, that 
something happen to Tony — my Tony." 
Mrs. Rankin: 

"We will not have the English lesson this evening. I am sorry about 
your sweetheart, but Rosa I feel he will come to you." 
Rosa: 

'You are always so kind to me." 

(Rosa walks to door, then turns and comes back to Mrs. Rankin.) 

"Oh, Meeses Rankin, saya de prayer for my Tony — saya de prayer 
for my gooda Tony." 
Mrs. Rankin: 

"Indeed I will, Rosa." 

(Exit Rosa.) 
Mrs. Rankin: 

"I wonder if it could be? She called him Tony. Tony, that's short 
for Antonio. Suppose Antonio Lombard! should be her Tony? Poor girl, 
I pity her." 

(Mrs. Rankin picks up^ paper and begins to read.) 
Mrs. Rankin: 

"I knew it! I knew the boy was innocent. (Reads): "In the case of 
the People vs. Antonio Lombardi, the man guilty of stealing the car con- 
fesses and Antonio Lotmbardi goes free." 

"I am so glad; what a beautiful romance if this should prove to be her 
Tony? How all the world loves a lover." 

(The door bell rings.) 
Mrs. Rankin: 

"I will let Rosa rest." 

(Goes and opens the door.) 

(Enter Antonio Lombardi and Mrs. O' F>lannigan, talking as usual.) 

Mrs. O'Plannigan: 

"Come right on in with us, Antonio. This is the dear lady's home. 
Good evening, Mrs. Rankin, here's the boy. He came right over to my 
house and I slicked him all up, and here we are." 

(Mrs. Rankin shakes hands with them.) 
Mrs. Rankin: 

"I just read the good news in the paper." 
Antonio : 

"Telia de truth — steala nothing — de man he stola de automobeela." 
Mrs. Rankin: 

"Yes, I knew you did not steal it." 

Antonio : 

"Oh, me thanka you — you gooda to me. My Mudder in Italy say a 
prayer for you both. Try to be gooda American man, because you gooda 
to me — ^de " 

(Rosa hears his voice and comes.) 
Rosa: 

"Tony, Tony, My Tony!" 

Antonio : 

"Rosa!" (Takes her in Ms arms.) 
Antonio : 

"Is deesa Heavena — deesa is America!" 

16 



